In determining whether or not the defendant can escape liability on the basis of the defence of illegality, a court is most influenced by the extent to which the plaintiff's illegal act involved violence or the threat of violence.

Question

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The extent to which the plaintiff's illegal act involved violence or the threat of violence may be a factor considered by the court, but it is not the most influential factor in determining the defence of illegality. Other factors such as public policy, the seriousness of the illegality, and the connection between the illegality and the plaintiff's claim may also be taken into account.

In Determining Whether or Not the Defendant Can Escape Liability